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Poster: summerseve Date: Mar 19, 2004 4:23am
Forum: prelinger Subject: Re: Public domain and audio.

This is coming from a musician/songwriter's perspective, not a lawyer's or film-maker's, so take it for what it's worth.
Definitely do not assume that the music is public domain. The composer and/or artist usually gives express permission for use in the film, but generally reserves all other rights.
For example, my old band had a song used in a TV show. The song was also on our record. If that TV show goes into the public domain, does the song as well? No. It's an independent entity.
Then on the other hand, since the theme from "Coffee House Rendezvous" seems to have been written expressly for the film, the producers may have commissioned it as a "work for hire" and gotten all rights to the song forever and ever, in which case it would probably go into the public domain with the film.
Problem is, you can't know. So who can tell you? A licensing agency. The Harry Fox Agency is the biggest one for mechanical licenses:
http://www.harryfox.com/
And if you are sampling from pre-recorded material, you would normally have to obtain a "master recording license" directly from the record company that owns the master. Of course who knows if this song ever came out on a record...seems doubtful.

Now having said all that, could you get away with sampling the theme from "Coffee House Rendezvous" and not get caught? That's a completely different question!

Good luck!

p.s. Just for fun, I checked the Harry Fox database, and the song's not there. I'd say screw it and use the thing!

This post was modified by trafalgar on 2004-03-19 12:10:24

This post was modified by trafalgar on 2004-03-19 12:23:35

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Poster: taji Date: Mar 19, 2004 6:57am
Forum: prelinger Subject: Re: Public domain and audio.

Thanks for the info. I'm new to this sampling stuff and appreciate the real world advice. There's so much audio material in the PA that it's hard to pass it up over uncertain copyright concerns.

BTW, how did you do the search at Harry Fox? I looked at the website and couldn't find a page that allowed you to search on a song, etc. This would come in handy as I start perusing the 78RPM stuff in Open Source Audio.

Thanks again,

-taji

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Poster: Spuzz Date: Mar 19, 2004 9:27am
Forum: prelinger Subject: Re: Public domain and audio.

Trafalgar said:
"For example, my old band had a song used in a TV show."

Ohhhh? and what was that?

Were you a member of The Mavericks?

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Poster: summerseve Date: Mar 19, 2004 9:32am
Forum: prelinger Subject: Re: Public domain and audio.

taji: the Harry Fox page is here:
http://www.songfile.com/nonpro_search.html
Anyway, I can't see how you'd get in trouble for it. Just don't play any churches in Racine, Wisconsin..

Spuzz: After I submitted that post I realized two things: a) it was way too long, and b) I never should have mentioned that about the TV show! But I've made my own bed, so the answer is..."Felicity". You remember, that WB show about the curly-haired girl who can't stand how perfect her life is?
But the song was way in the background. I shall say no more.
BTW, love your reviews.

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Poster: TMC Date: May 22, 2004 5:05am
Forum: prelinger Subject: Re: Public domain and audio.

Most of the audio in the "Open Source Audio" collection is licensed under an individual license (different for each recording), not the Prelinger license, so be careful when sampling from there.

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Poster: GersonK Date: Mar 22, 2004 10:33am
Forum: prelinger Subject: Re: Public domain and audio.

Another useful resource is the Library of Congress itself:
http://www.copyright.gov/records/cohm.html
(although even this is apparently not definitve, particularly outside of the USA).

[To add another question, I assume if the earliest entry I find for a song is listed as two years after the release of the PD film I'm pretty sure it was written for and it uses the phrase "employer for hire of", then I'm pretty safe in using the song from the movie?]